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Q75. Physical data or Test Data of a Compound

Q75. Physical data or Test Data of a Compound
(1) Assuming that an invention is a chemical compound, are physical data (such as melting points, viscosity, etc.) required for support an invention of a chemical compound?
(2) If a herbicidal composition containing such a compound is claimed, are herbicidal test data required?
(3) How many examples are necessary?

A75.
(1) Yes.
 It is usually necessary for supporting the utility of an invention of a chemical compound. Physical data or test data are useful for proving that the compound was actually prepared and for proving that the compound would be useful for the intended purpose (such as the use of an effective component for a pharmaceutical composition).
(2) Yes.
 As stated above, the chemical field is the technical field where the effect of a composition cannot be readily expected based on the components constituting the composition. It is usually impossible to expect the property or usefulness of the compound. Therefore, test data concerning the herbicidal effect should be usually necessary for proving an invention of a herbicidal composition.
(3) Depends on the cases.
 The disclosure of the specification has to enable one skilled in the art to practice the claimed invention. The chemical field is the technical field where the effect of a compound cannot be readily expected from its chemical structure or chemical name. Further, the support requirement is recently strictly evaluated. The support requirement is to evaluate how broadly the working example justifies or generalizes the scope of the claimed invention. Therefore, it should be necessary to provide as many examples as possible at the filing date of the application. Generally, of course, at least one representative working example is required to support the chemical compound. If the chemical compound claimed is defined by the general formula covering a generic concept of a compound, which can broadly cover various distinct types of chemical structures from each other (such as an aliphatic group and aromatic group), it should be reasonably necessary to provide working examples for each one of the distinct chemical groups.